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JustiGuide Insights · DHS rulemaking · Students & exchange visitors

The End of Duration of Status for F-1, J-1, and I Visa Holders (2026)

DHS is ending “duration of status” for F-1 students, J-1 exchange visitors, and I media representatives. Instead of being admitted for as long as their program lasts, they will be admitted to a fixed end date capped at four years — and staying longer will require filing an extension of stay with USCIS.

DHS · JULY 2026Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information MediaFR Doc. 2026-14439 · RIN 1653-AA95U.S. Department of Homeland Security · ICEDecided July 17, 2026 · Effective Sept 15, 2026

Executive summary

DHS published a final rule on July 17, 2026 replacing “duration of status” (D/S) with a fixed admission period for F academic students, J exchange visitors, and I representatives of foreign information media. It is scheduled to take effect 60 days later, on September 15, 2026.

F and J nonimmigrants will be admitted for the length of their program as listed on the Form I-20 or DS-2019, but no more than four years. I media representatives will be admitted for up to 240 days (90 days for holders of a passport issued by the People’s Republic of China, other than Hong Kong SAR or Macau SAR passports).

Staying past that fixed date now requires filing an extension of stay (EOS) application with USCIS — with a fee, biometrics, an endorsed I-20 or DS-2019, and evidence of sufficient funds. A designated school official’s signature alone no longer extends your lawful stay.

The grace period for F-1 students to depart after completing studies or post-completion practical training drops from 60 days to 30 days. Students admitted before the effective date keep their 60-day period.

F-1 students at the graduate level or above may no longer change their educational objective (major or level) at any point, and may no longer transfer schools at any point, unless SEVP authorizes an exception for extenuating circumstances. Students below the graduate level are locked in for their first academic year.

Anyone who completes a program after the effective date may not start another program at the same or a lower educational level in F-1 status. English-language training students are capped at 24 months total.

Students and exchange visitors already in the United States and properly maintaining status on the effective date are grandfathered: they may remain until their program end date (or EAD expiration, whichever is later), up to four years from the effective date — approximately September 15, 2030.

DHS estimates the rule will cost $443.1 to $448.6 million per year on an annualized basis. It received close to 22,000 public comments. It is classified as a major rule subject to congressional review, and DHS built severability clauses into every section — an acknowledgment that legal challenges are expected.

What the rule says, in plain English

Right now, an F-1 student’s I-94 says “D/S” instead of a date. That means: you are allowed to stay as long as you are actually studying, and your school — not the government — tracks whether you are still in good standing. That ends with this rule.

After the effective date, your I-94 gets a real expiration date, calculated from your program length and capped at four years. If your PhD takes six years, your admission does not. You will have to ask USCIS for more time before the date runs out, pay a fee, give biometrics, and prove you have the money to continue.

The government’s reasoning: under D/S, students have no scheduled moment when an immigration officer looks at their case. DHS says it identified more than 2,100 people who first entered on an F-1 visa between 2000 and 2010 and were still in active F-1 status as of April 2025. A fixed date creates checkpoints.

The practical effect for a student in good standing is not that you have to leave — it is that a routine part of academic life (finishing late, changing your research direction, starting OPT) now runs through a federal adjudication that can be denied. And if it is denied after your admission date has passed, the rule says you must depart immediately.

One detail worth reading twice: to get an extension, you must be maintaining status and must never have engaged in any unauthorized employment. Not “not currently” — never. An old, informal, unauthorized side job from years ago becomes a live problem at your first extension filing.

This is general information, not legal advice. The rule is complex and how it applies depends on your specific status, program, and history. Confirm your own situation with a licensed immigration attorney.

What the Court held

  • Duration of status is eliminated for F, J, and I nonimmigrants; all are admitted to a fixed end date instead.
  • F and J admission is limited to the program length on the I-20 or DS-2019, not to exceed four years, plus 30 days to depart.
  • I media representatives are admitted for up to 240 days, or 90 days for holders of a PRC passport (excluding Hong Kong SAR and Macau SAR passports).
  • Remaining beyond the fixed date requires an extension of stay application filed with USCIS, including a fee, biometrics, an endorsed I-20 or DS-2019, and evidence of sufficient funds.
  • The F-1 post-completion departure period drops from 60 days to 30 days for students admitted under the new framework.
  • An extension applicant must be maintaining status and must never have engaged in any unauthorized employment.
  • F-1 students at the graduate level or above may not transfer schools or change educational objectives at any point, absent an SEVP exception for extenuating circumstances.
  • F-1 students below the graduate level may not transfer or change educational objectives within their first academic year, absent an SEVP exception.
  • A student who completes a program after the effective date may not pursue another F-1 program at the same or a lower educational level.
  • English-language training students are limited to an aggregate 24-month period of stay; F-1 students at public high schools remain limited to 12 months.
  • Academic probation, suspension, or a repeated inability or unwillingness to complete a course of study are not acceptable reasons for an extension.
  • A timely filed extension lets an F-1 student continue a full course of study while it is pending, and auto-extends certain existing employment authorization for up to 240 days.
  • If an extension is denied after the admission period has expired, the nonimmigrant and any dependents must depart the United States immediately.